Larger bench may hear pleas on House issues

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The Madras High Court is set to refer a batch of writ petitions relating to Assembly Speaker’s ruling and lack of it to a larger bench

Madras High Court

Chennai:

The pleas included privilege notices issued to DMK MLAs for displaying gutkha packets, failure to disqualify 12 O Panneerselvam faction MLAs for defying party whip, quo warranto petition seeking to know under what authority OPS and Pandiarajan continue as Ministers and all other petitions regarding disqualification of TTV group MLAs

Justice K Ravichandrabaabu, before whom the quo warrant plea came up on Friday, said since the pleas dwelt on constitutional issues pertaining to the Speaker’s powers, he believed it will be appropriate that all these petitions are heard by a larger bench. He said the issue could be decided on November 2 when the pleas are slated to be taken up for hearing.

Earlier, Supreme Court senior counsel Kapil Sibal argued on the quo warranto challenging the appointment of OPS and Pandiarajan as Ministers, while they ought to be disqualified for disobeying the whip. He said, when the Speaker refused to act, the court under Article 226 can intervene. However, another SC senior counsel C S Vaidyanathan brought to the notice of the Judge that already a petition filed by the OPS faction MLA Semmalai to transfer all the related cases to SC is pending adjudication.

Justice Ravichandrabaabu then asked the counsels to update the position of the Apex Court in the above case by November 2 on which date the aspect of referring all the related pleas to a larger bench is set to be taken up.